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Sen. Huffines: 3 Reasons Eminent Domain for Private Companies is A-OK.

Private companies exercise eminent domain all the time in Texas with no gross mismangement
Private rail has exercised eminent domain for more than 100 years
Texas has property owner protections

Dallas Morning News | Why it’s perfectly appropriate to allow a private railroad to use eminent domain

State prohibits Eminent Domain in Water Safety Bill. 4 Key Points.

State: Florida

Legislative Fix:

Increase a reservoir capacity
Stop overflows of toxic “guacamole water” into the state’s rivers and streams

The Eminent Domain issue:

Eminent domain authority amendments failed
SB 10 prohibits the use of eminent domain

FLORIDA SB 10 (2017)

Florida Politics | Senate approves plan to fix Lake Okeechobee, end algae invasions

Lege Trend. Eminent Domain Limits by Industry. Rail Industry edition.

State: Indiana

The eminent domain legislation:

heightens the public use standard
puts into state law a federal appraisal standard
limits the amount of land that can be taken, tying all the land to the public use

Northwest Indiana Times | Rail eminent domain changes win legislative approval

Indiana House Bill 1260 (2017)

1 Pending Texas Central Rail Landowner Lawsuit. 3 Things to Know.

A lawsuit from 78 year old property owner and a countersuit by Texas High Speed Rail had a hearing this week
What put them into court was whether the rail could have pre-condemantion access to the property to survey it
What kept them in court, when Texas Central Rail, had dropped other similar lawsuits, was that this lawsuit wanted Texas Central Rail to admit that it did not have eminent domain authority

No ruling yet from the Court.

KBTX | Leon County landowner meets high speed rail…

What all was said after the TX Senate Eminent Domain Bill Package?

“Many [Senators] still consider the privately financed plan a boondoggle”

Austin Business Journal | Bills targeting Texas high-speed rail spark debate in Senate Transportation Committee

The bill prohibiting eminent domain for high speed rail has been sent to Local and Consent.

Austin American Statesman | Bills stalling or stopping bullet train pass Texas Senate committee

Focused on the land owners experience. Including this quote from a member of the Board of Directors of the Texas and…

Oakland Mayor Announces Eminent Domain for the Raiders

Oakland Mayor Schaaf intends to use eminent domain to prevent the Raiders from moving to Las Vegas.

Sound far fetched? Oakland has used the same tactic before.

Oakland News Online | Mayor Schaaf Announce Plan to Take Oakland Raiders

CSNBayArea | OAKLAND MAYOR CONFIDENT IN KEEPING RAIDERS

Lege Trend. Attorney Fee Awards Green Light with interesting exception.

State: Michigan

Bill language from Michigan:

SEC. 6. IF A COURT DETERMINES THAT GOVERNMENT ACTION BY A DEPARTMENT OR AGENCY RESULTED IN A CONSTITUTIONAL TAKING OF PRIVATE REAL PROPERTY AND THAT THE DEPARTMENT OR AGENCY DID NOT COMPLY WITH SECTION 4 IN REGARD TO THE REAL PROPERTY, THE COURT SHALL ORDER THE DEPARTMENT OR AGENCY TO PAY THE PRIVATE REAL PROPERTY OWNER FOR HIS OR HER REASONABLE ATTORNEY FEES AND COSTS. THIS SECTION DOES NOT APPLY IF THE GOVERNMENT ACTION WAS AN IMMEDIATE…

Eminent Domain Compromise. Public Need Permit with Citizen Appeal.

The Georgia Legislature passed House Bill 413 which sets for an eminent domain compromise for privately owned pipelines that:

requires a 2 step permit process
- Permit #1 is environmental and for the length of the entire pipeline
- Permit #2 is from the Georgia DOT that grants a public need permit to authorize eminent domain
the permits can be appealed by citizens when the permits are granted

Savannah Morning News | Georgia lawmakers pass compromise pipeline bill